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Topic: Racketeer Influenced and Corrupt Organizations Act


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  Racketeer Influenced and Corrupt Organizations Act - Wikipedia, the free encyclopedia
The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO) is a United States federal law which provides for extended penalties for criminal acts performed as part of an ongoing criminal organization.
Any act or threat involving gambling, murder, kidnapping, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year;
Although some of the RICO predicate acts are extortion and flmail, one of the most successful applications of the RICO laws has been the ability to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with law enforcement or intelligence agencies.
en.wikipedia.org /wiki/RICO_(law)   (1098 words)

  
 RICO ACT, Jeff Grell, Racketeer Influenced and Corrupt Organizations, RICO, Attorney at Law - About the RICO Act
The RICO Act was passed by the United States Congress to enable persons financially injured by a pattern of criminal activity to seek redress through the state or federal courts.
To be convicted of conspiring to violate the RICO Act, the government must generally prove that the conspirator had knowledge of the racketeer's criminal endeavor and agreed to do something, or did something, that furthered, advanced or concealed that endeavor.
The RICO Act defines a pattern as "at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years.
www.ricoact.com /ricoact/faq.asp   (6035 words)

  
 Fact-O-Rama -- The Racketeer Influenced and Corrupt Organizations ("RICO") Act
Fact-O-Rama -- The Racketeer Influenced and Corrupt Organizations ("RICO") Act
Fact-O-Rama: The Racketeer Influenced and Corrupt Organizations ("RICO") Act -- 03/25/2002
The Racketeer Influenced and Corrupt Organizations ("RICO") Act
www.cnsnews.com /facts/2002/facts20020325.asp   (297 words)

  
 United States v. Long, 917 F.2d 691   (Site not responding. Last check: 2007-10-11)
A pattern of racketeering activity is defined in the Racketeer Influenced and Corrupt Organizations Act (RICO) statute as requiring at least two acts of racketeering activity, one of which occurs after the effective date and the last of which occurs within ten years after the commission of a prior act of racketeering activity.
A "pattern" of racketeering activity is defined in the RICO statute as requiring "at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years.
However, the government must prove beyond a reasonable doubt that either the racketeering acts were in some way related to the activities of the enterprise or that the defendant in question was able to commit the racketeering acts solely by virtue of his position or involvement in the affairs of the enterprise.
www.thelaborers.net /lexisnexis/917_f2d_691-us_v_long.htm   (8857 words)

  
 Overview of Civil Rico
Because criminal racketeering activity is an element of civil RICO liability, civil RICO defendants will often be, or have been, the subject of criminal investigation or prosecution.
To establish a pattern of racketeering activity, a civil RICO plaintiff must allege separate predicate acts that are both related and pose a threat of continuity.
fn1327 While discovery into unrelated alleged criminal acts should therefore ordinarily not be permitted, fn1328 courts must be careful not to curtail unduly a plaintiff's discovery into alleged wrongdoing, especially where it relates to other alleged victims of the same pattern of racketeering activity or to acts within the exclusive knowledge of the defendant.
www.lectlaw.com /files/lit08.htm   (3847 words)

  
 [No title]
Rather, the act of state doctrine is based on the need to avoid unprincipled decisions resulting from the absence of legal standards, and the unique embarrassment, and the particular interference with the conduct of foreign affairs, that may result from the judicial determination that a foreign sovereign's acts are invalid.
Judicial inquiry into the purpose of a foreign sovereign's acts would not require a court to rule on the legality of those acts, and a finding concerning purpose would not entail the particular kind of harm that the act of state doctrine is designed to avoid.
The act of state doctrine thus respects principles of sovereignty and international comity and, where applicable, operates as a choice-of-law principle supplying the appropriate rule of decision in cases in which the validity of the act of a foreign sovereign is questioned in United States courts.
www.usdoj.gov /osg/briefs/1988/sg880031.txt   (5434 words)

  
 [No title]
The acts described herein were inflicted under color of law and under color of official authority, and/or in conspiracy with or on behalf of those acting under color of official authority.
The acts described herein constitute cruel, inhuman or degrading treatment in violation of the Alien Tort Claims Act, customary international law, the common law of the United States, the statutes and common law of New York, the laws of Nigeria, and the international treaties, agreements, conventions and resolutions described in paragraph 98 herein.
The acts described herein constitute arbitrary arrest and detention in violation of the Alien Tort Claims Act, customary international law, the common law of the United States, the statutes and common law of New York, the laws of Nigeria, and the international treaties, agreements, conventions and resolutions described in paragraph 98 herein.
www.humanrightsnow.org /CCR_IHR/SHELL.COM.htm   (5490 words)

  
 Operation Clambake Present: Scientology Court Files
The theory, which evolved in a number of cases alleging civil conspiracies, is based upon the notion that the acts of a conspirator in furtherance of a conspiracy may be attributed to the members of the conspiracy for establishing jurisdiction over the person.
These additional connections exist where (1) substantial acts in furtherance of the conspiracy are performed in the forum state and (2) the co-conspirator knew or should know that the acts would be performed there.
Venue for Diversity and Fair Labor Standards Act Claims Since this is a court action in which the court's subject matter jurisdiction does not rest solely on diversity of citizenship, the applicable venue provision for the remaining counts is 28 U.S.C. s 1391(b).
www.xenu.net /archive/CourtFiles/occf174.html   (10469 words)

  
 RICO ACT, Jeff Grell, Racketeer Influenced and Corrupt Organizations, RICO, Attorney at Law - About the RICO Act
The Racketeer Influenced and Corrupt Organizations ("RICO") Act, 18 U.S.C. Sec.
(b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of any unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.
The Attorney General shall designate a racketeering investigator to serve as racketeer document custodian, and such additional racketeering investigators as he shall determine from time to time to be necessary to serve as deputies to such officer.
www.ricoact.com /ricoact/theact.asp   (3102 words)

  
 USAM 9-110.000 ORGANIZED CRIME AND RACKETEERING
Title IX of the Act is the Racketeer Influenced and Corrupt Organizations Statute (18 U.S.C. §§ 1961-1968), commonly referred to as the "RICO" statute.
Once a RICO indictment has been approved by the Organized Crime and Racketeering Section and has been returned by the grand jury, a copy of a file-stamped copy of the indictment shall be provided to the Section.
Thus, although the involvement of traditional organized crime will not be a requirement for approval of proposed prosecutions, a prosecution will not be authorized unless the violent crimes involved are substantial because of the seriousness of injuries, the number of incidents, or other aggravating factors.
www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/110mcrm.htm   (2738 words)

  
 Christian Century: No RICO penalty for pro-lifers - News - Racketeer and Influenced and Corrupt Organizations Act   (Site not responding. Last check: 2007-10-11)
A law meant to prevent racketeering and extortion by organized crime cannot be used to punish anti-abortion protesters, according to the Supreme Court.
National Organization for Women, (which date from the antiabortion protests of the 1980s), NOW and abortion providers had sued to prevent a coalition of strident anti-abortion groups from blocking access to abortion providers across the country.
But even when their acts of interference and disruption achieved their ultimate goal of `shutting down' a clinic that performed abortions, such acts did not constitute extortion because petitioners did not `obtain' respondents' property.
www.findarticles.com /p/articles/mi_m1058/is_6_120/ai_99186878   (426 words)

  
 Racketeer Influenced and Corrupt Organizations Act - Wikipedia, the free encyclopedia
The neutrality of this article or section may be compromised by "weasel words".
Any act which is indictable under title 29, United States Code, section 186 (dealing with restrictions on payments and loans to labor organizations) or section 501 (c) (relating to embezzlement from union funds),
RICO Act from Cornell University's U. Code database
en.wikipedia.org /wiki/RICO_Act   (1098 words)

  
 Prison Planet.com: Do You Have the Knowledge to Escape?
While America was under attack, for approximately the next seven (7) to eighteen (18) minutes Defendant GWB continues to listen to the goat story while Plaintiff's husband was just murdered and does not immediately assume his duties as Commander-in-Chief of the United States Armed Forces.
Plaintiff, with her amended complaint intends to expose the truth to remember the dead and to prevent continued deaths of American military personnel due to President Bush's "failure to act and prevent" the worst attacks on our nation since Pearl Harbor.
Plaintiff believes Defendant GWB is invoking a long standard operating procedure of invoking national security and executive privilege claims to suppress the basis of this lawsuit that Defendant GWB, et al., failed to act and prevent the "911" attacks.
www.prisonplanet.com /120403mariani.html   (686 words)

  
 Opinion: Racketeer law goes too far
In 1970, when Congress passed the Racketeer-Influenced and Corrupt Organizations Act, known as RICO, the law's loose standards of culpability and triple fine provisions were aimed at the Mafia.
The court should use the opportunity to retreat as much as possible from its earlier decision that allowed RICO to be used against political organizations using civil disobedience to advance their cause.
NOW sued Operation Rescue and other antiabortion organizations under RICO, claiming their blockades of clinics and various illegal acts attempting to shut down clinic operations constituted a pattern of racketeering activity.
www.sptimes.com /2002/05/15/news_pf/Opinion/Racketeer_law_goes_to.shtml   (483 words)

  
 Posin & Posin, lawyers in Las Vegas, NV, Nevada   (Site not responding. Last check: 2007-10-11)
The intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution.
A corrupt act may be defined as an act done in a voluntary and intentional manner with the purpose of accomplishing an unlawful end or result.
The motive for an individual to act in a corrupt fashion may be derived from an expectation of either financial gain or benefit to profit or benefit from another.
www.posinandposinlaw.com /article.jsp?practArea=38&articleIndex=0   (335 words)

  
 Is This the End of R.I.C.O?
Its goals were to eliminate organized crime by concentrating on illegal monies made from crime through the use of new criminal and civil forfeitures, rather than by the old means of attempting to dismantle the mob by imprisoning gang bosses.
Organized crime (racketeering) is conceptually defined by RICO as a pattern of racketeering activity committed by an individual or group either as part of an enterprise or against an enterprise.
They concluded, based on their analysis of 39 randomly selected appeals cases, that the racketeering activities that occurred in the majority of the RICO cases were the type traditionally associated with organized crime.
www.fsu.edu /~crimdo/rico.html   (7129 words)

  
 RICO ACT, Jeff Grell, Racketeer Influenced and Corrupt Organizations, RICO, Attorney at Law
At the time, Congress' goal was to eliminate the ill-affects of organized crime on the nation's economy.
Seldom was RICO used outside of the context of the Mafia, and it is not an overstatement to say that civil claims under RICO were simply not brought.
In the 1980's, however, civil lawyers noticed section 1964(c) of the RICO Act, which allows civil claims to be brought by any person injured in their business or property by reason of a RICO violation.
www.ricoact.com   (472 words)

  
 Beck v. Prupis (2000) [98-1480]   (Site not responding. Last check: 2007-10-11)
In affirming, the Court of Appeals held that because the act causing Beck's injury was not an act of racketeering, it could not support a RICO cause of action.
In a 7-2 opinion delivered by Justice Clarence Thomas, the Court held that an injury caused by an overt act that is not an act of racketeering or otherwise wrongful under the Racketeer Influenced and Corrupt Organizations Act does not give rise to a cause of action under RICO.
Thus, because Prupis' scheme to remove Beck from SIG was not an act of racketeering itself, Beck had no ground to sue him under RICO.
www.oyez.org /oyez/resource/case/1378   (294 words)

  
 Equipo Nizkor - Racketeer Influenced And Corrupt Organizations Act, RICO Act.
Equipo Nizkor - Racketeer Influenced And Corrupt Organizations Act, RICO Act.
(b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.
(f)(1) The Attorney General shall designate a racketeering investigator to serve as racketeer document custodian, and such additional racketeering investigators as he shall determine from time to time to be necessary to serve as deputies to such officer.
www.derechos.org /nizkor/econ/RICO.html   (3392 words)

  
 Replies   (Site not responding. Last check: 2007-10-11)
The defendants argued that an organization must have an economic motive to engage in racketeering acts, and because it did not benefit financially from its protests, it did not violate RICO.
But in the 16-year-long federal case that yielded a landmark racketeering verdict against leading pro-life activists in 1998, an increasing array of evidence shows that much of it may not be.
To prove her case, she presented a series of what she claimed were "predicate acts," or abortion-protest incidents that involved force, violence, or intimidation so as to form a pattern prosecutable under RICO, the Racketeer Influenced and Corrupt Organizations Act.
www.freerepublic.com /focus/news/800098/replies?c=2   (4895 words)

  
 Robert Barsky's Vanderbilt Website
The District Court, Edgar, Chief Judge, held that the connection between alleged use of illegal aliens and employees' depressed wages was speculative.
To sustain cause of action under Racketeer Influenced and Corrupt Organizations Act (RICO), plaintiff must plead and prove an actual injury to its business or property "by reason of" defendant's transgression of Act; direct relation is required between injury asserted and injurious conduct alleged.
The court noted that a "wide range of factors" influenced wages for orchard workers in the Yakima Valley of Eastern Washington.
www.vanderbilt.edu /french_ital/barsky/tyson   (1942 words)

  
 The Racketeer Influenced and Corrupt Organizations Act (“RICO”),18 U
It is hornbook law that a reasonable (and competent) person/lawyer would have foreseen the damage to plaintiff as documented under penalty of perjury in the instant case (Verified Complaint, RICO Statement, Affidavit, Exhibits incorporated therein).
Indeed, in light of defendant Coan’s illegal acts to damage plaintiff and to benefit other RICO co-conspirators/defendants, I made no secret of my intent to utilize the judicial process to seek damages against defendant Coan for his intentional and illegal acts damaging me, and coincidentally, any legitimate creditors of my estate.
This intent to sue defendant Coan for damages arising from his illegal acts in the context of his purported role as trustee of my Chapter 7 estate in bankruptcy was clearly articulated and subsumed in the proceeding before Judge Chatigny and included his past, current (and anticipated future) illegal acts
www.albertpeia.com /coanopo81505.htm   (2777 words)

  
 Use of the RICO Act Against Pro-Life Groups
The US Federal Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970 was originally written to target organized crime.
The case proceeded against On 1998-APR-20, all of the defendants were found guilty of having engaged in 21 acts of extortion.
There is no honor in being a racketeer and we're not racketeers.
www.religioustolerance.org /abo_rico.htm   (1011 words)

  
 Amazon.com: Racketeer Influenced and Corrupt Organizations Act.(Fourteenth Survey of White Collar Crime) : An article ...   (Site not responding. Last check: 2007-10-11)
From the supplier: The Racketeer Influenced and Corrupt Organizations Act (RICO) was passed in 1970 chiefly to control organized crime, though since then it has been broadly construed to apply in other contexts as well.
Conviction requires proof of two or more predicate acts of racketeering activity, constituting a pattern, that affects interstate commerce.
I. The Racketeer Influenced and Corrupt Organizations Act ("RICO"),(1) enacted as Title IX of the Organized Crime Control Act of 1970,(2) is designed to combat organized crime.(3) RICO also has broad application beyond the organized crime context, since Congress has mandated that RICO "be liberally construed to effectuate its remedial purposes."(4) In Sedima, S.P.R.L v.
www.amazon.com /exec/obidos/tg/detail/-/B00098SZPU?v=glance   (360 words)

  
 Racketeer Influenced and Corrupt Organizations Act (RICO)   (Site not responding. Last check: 2007-10-11)
The purpose of the law was to prevent organized crime from infiltrating legitimate businesses.
Membership in the Mafia, however, cannot in and of itself constitute a criminal act.
Therefore, Congress could not define "racketeering" under RICO as simply involvement in organized crime.
www.aetna.com /legal_issues/background/rico.html   (371 words)

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